Search | Punch and Jurists

U.S. v. Munsterman, No. 98-30140 (9th Cir.) (177 F.3d 1139) (May 25, 1999) (Judge William W. Schwarzer)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Bill of Attainder

U.S. v. Munsterman, No. 98-30140 (9th Cir.) (177 F.3d 1139) (May 25, 1999) (Judge William W. Schwarzer) by Citing U.S. v. Brown, 381 U.S. 437, 448-49 (1965), the Court acknowledged that "legislative acts, no matter what their form, that apply either to named individuals or to easily ascertainable members of …

U.S. v. Williams, No. 97-5465 (3rd Cir.) (176 F.3d 714) (May 17, 1999) (Judge Samuel A. Jr. Alito)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Predicate Acts/Offenses

U.S. v. Williams, No. 97-5465 (3rd Cir.) (176 F.3d 714) (May 17, 1999) (Judge Samuel A. Jr. Alito) by Here the defendant argued that his conviction under § 843(b) did not qualify as a "controlled substance offense" for purposes of determining career offender status under U.S.S.G. § 4B1.1. The District …

U.S. v. Davis, No. 97-5363 (6th Cir.) (177 F.3d 552) (May 21, 1999) (Judge David W. McKeague)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Jurors - Removal/Excusing

U.S. v. Davis, No. 97-5363 (6th Cir.) (177 F.3d 552) (May 21, 1999) (Judge David W. McKeague) by In this case, after all the testimony was presented, one juror requested that he be excused because he had previously done business with some of the defendants, witnesse and their families, and …

U.S. v. Kinlock, No. 97-1399 (2nd Cir.) (174 F.3d 297) (April 23, 1999) (Judge Rosemary S. Pooler)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Ability to Pay

U.S. v. Kinlock, No. 97-1399 (2nd Cir.) (174 F.3d 297) (April 23, 1999) (Judge Rosemary S. Pooler) by In this case, following conviction for one count of credit card fraud, the defendant was ordered to pay a total of $19,192.54 in restitution to four victims. The order specified that the …

U.S. v. Kamoga, No. 98-3346 (7th Cir.) (177 F.3d 617) (April 28, 1999) (Judge Richard D. Cudahy)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Kamoga, No. 98-3346 (7th Cir.) (177 F.3d 617) (April 28, 1999) (Judge Richard D. Cudahy) by Here the Seventh Circuit rejected the defendant's claim that an enhancement for a leadership role under U.S.S.G. § 3B1.1 requires proof that he knew of or exercised control over all the participants. …

In Re Sealed Case (Sentencing Guidelines "Substantial Assistance"), No. 97-3112 (D.C. Cir.) (181 F.3d 128) (July 9, 1999) (Judge Merrick B. Garland)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Refusal to file motion

In Re Sealed Case (Sentencing Guidelines "Substantial Assistance"), No. 97-3112 (D.C. Cir.) (181 F.3d 128) (July 9, 1999) (Judge Merrick B. Garland) by Almost from the beginning, the provisions of U.S.S.G. § 5K1.1 have spawned enormous controversy. That section permits a sentencing court to impose a sentence below the sentencing …

U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott) by Here the Court rejected the defendants' request for a jury instruction permitting them to argue that the underlying tax levies they were charged with evading were invalid; stating that the alleged invalidity …

U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott) by Here, although the Court agreed that, by subtracting penalties and interest from the amount of the loss, the resulting loss failed to adequately addess the nature of the crime, it held it …

Amos v. Maryland Dept. of Public Safety, No. 96-7091 (4th Cir.) (178 F.3d 212) (June 24, 1999) (Judge J. Calvitt Jr. Clarke)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Americans with Disabilities Act, Punch And Jurists

Amos v. Maryland Dept. of Public Safety, No. 96-7091 (4th Cir.) (178 F.3d 212) (June 24, 1999) (Judge J. Calvitt Jr. Clarke) by On remand from the Supreme Court, the Fourth Circuit reluctantly concluded that the application of the ADA and the rehabilitation Act to state prisons was a proper …

U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott) by In U.S. v. Restrepo, 946 F.2d 654, 659 (9th Cir. 1991) (en banc), the Ninth Circuit suggested that "there may be an exception to the general rule that the preponderance standard satisfies …

U.S. v. Frega, No. 97-50100 (9th Cir.) (179 F.3d 793) (June 8, 1999) (Judge Stephen Reinhardt)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Predicate Acts/Offenses

U.S. v. Frega, No. 97-50100 (9th Cir.) (179 F.3d 793) (June 8, 1999) (Judge Stephen Reinhardt) by United States v. Morales, 185 F.3d 74 (2nd Cir. 1999) (Judge Straub) United States v. Frega, 179 F.3d 793 (9th Cir. 1999) (Judge Reinhardt) It is a rare day when a court vacates …

California v. Roy, No. 95-2025 (U.S. Supreme Court) (519 U.S. 2; 117 S.Ct. 337) (November 4, 1996) (Per Curiam)

Article • June 29, 1999

Filed under: Punch And Jurists, Plain Error

California v. Roy, No. 95-2025 (U.S. Supreme Court) (519 U.S. 2; 117 S.Ct. 337) (November 4, 1996) (Per Curiam) by In this significant decision on the ever expanding scope of the concept of "harmless error", the Court held that the Ninth Circuit had erred by applying the more stringent harmless …

Smith v. Hooey, No. 198 (U.S. Supreme Court) (393 U.S. 374; 89 S.Ct. 575) (January 20, 1969) (Justice Stewart)

Article • June 29, 1999

Filed under: Punch And Jurists, Speedy Trial Rights

Smith v. Hooey, No. 198 (U.S. Supreme Court) (393 U.S. 374; 89 S.Ct. 575) (January 20, 1969) (Justice Stewart) by After the petitioner vainly sought for more than six years to be brought to trial in Texas while he was being held in Federal custody, the Court held that he …

U.S. v. James Daniel Good Real Property, No. 92-1180 (U.S. Supreme Court) (510 U.S. 43; 114 S.Ct. 492) (December 13, 1993) (Justice Kennedy)

Article • June 29, 1999

Filed under: Punch And Jurists

U.S. v. James Daniel Good Real Property, No. 92-1180 (U.S. Supreme Court) (510 U.S. 43; 114 S.Ct. 492) (December 13, 1993) (Justice Kennedy) by In this case the Court specifically held that "the seizure of real property . . . Is not one of those extraordinary instances that justify the …

Ingraham v. Wright, No. 75-6527 (U.S. Supreme Court) (430 U.S. 651; 97 S.Ct. 1401) (April 19, 1977) (Justice Powell)

Article • June 26, 1999

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Ingraham v. Wright, No. 75-6527 (U.S. Supreme Court) (430 U.S. 651; 97 S.Ct. 1401) (April 19, 1977) (Justice Powell) by The Court noted in this decision that "While the contours of this historic liberty interest in the context of our federal syatem of government have not been defined precisely, they …

Illinois v. Somerville, No. 71-692 (U.S. Supreme Court) (410 U.S. 458; 93 S.Ct. 1066) (February 27, 1973) (Justice Rehnquist)

Article • June 16, 1999

Filed under: Punch And Jurists

Illinois v. Somerville, No. 71-692 (U.S. Supreme Court) (410 U.S. 458; 93 S.Ct. 1066) (February 27, 1973) (Justice Rehnquist) by Here the Court established two broad criteria for determining when a judge may properly declare a mistrial that qualify for the "manifest necessity" rule that permits retrial. In this case, …

U.S. v. Rodgers, No. 83-620 (U.S. Supreme Court) (466 U.S. 475; 104 S.Ct. 1942) (April 30, 1984) (Justice Rehnquist)

Article • June 14, 1999

Filed under: Punch And Jurists, Rule of Lenity

U.S. v. Rodgers, No. 83-620 (U.S. Supreme Court) (466 U.S. 475; 104 S.Ct. 1942) (April 30, 1984) (Justice Rehnquist) by While this case held that 18 USC § 1001 encompasses criminal invesitgations conducted by the FBI and the Secret Service, it is noted for its holding that the rule of …

Perri v. Coughlin, No. 90-CV-1160 (N.D.N.Y.) (1999 WL 395374) (June 11, 1999) (Judge Neal P. McCurn)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Perri v. Coughlin, No. 90-CV-1160 (N.D.N.Y.) (1999 WL 395374) (June 11, 1999) (Judge Neal P. McCurn) by Last week the Department of Justice released its first comprehensive study on the rapidly growing number of emotionally disturbed people in America's prisons and jails. That report is available on the Internet at …

Crooker v. McGaw, No. Civ.A. 98-30028 (D.Mass.) (41 F.Supp.2d 87) (March 19, 1999) (Judge Michael A. Ponsor)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists

Crooker v. McGaw, No. Civ.A. 98-30028 (D.Mass.) (41 F.Supp.2d 87) (March 19, 1999) (Judge Michael A. Ponsor) by In this case the petitioner, a convicted felon, sought advice from the ATF as to whether the possession of certain types of cartridges consutituted "ammunition" for purposes of 18 U.S.C. § 922(g)(1). …

Gardner v. Barnett, No. 98-1314 (7th Cir.) (175 F.3d 580) (May 4, 1999) (Judge Richard D. Cudahy)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Gang Membership

Gardner v. Barnett, No. 98-1314 (7th Cir.) (175 F.3d 580) (May 4, 1999) (Judge Richard D. Cudahy) by This case is noted for its discussion of two significant issues: when does a court's refusal to grant a defense request for a continuance constitute error of a constitutional magnitude; and when …